Serial Number: 77721692

Reg Number: 3971108

Word Mark: DR. SCHOLL'S MASSAGING GEL WORK IDEAL FOR HARD WORKING FEET

Goods and Services: IC 025. US 022 039. G & S: Insoles. FIRST USE: 20090120. FIRST USE IN COMMERCE: 20090120

Mark Drawing Code: (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS

Design Search Code: 01.01.05 - Stars - one or more stars with seven or more points
17.01.02 - Clock faces (alone); Clock radios; Clocks; Radios with clock; Watch faces (alone)
26.01.15 - Circles, exactly three circles; Three circles
26.01.21 - Circles that are totally or partially shaded.
26.03.17 - Concentric ovals; Concentric ovals and ovals within ovals; Ovals within ovals; Ovals, concentric
26.03.21 - Ovals that are completely or partially shaded
26.05.21 - Triangles that are completely or partially shaded
26.05.25 - Triangles with one or more curved sides
26.09.21 - Squares that are completely or partially shaded
26.17.01 - Bands, straight; Bars, straight; Lines, straight; Straight line(s), band(s) or bar(s)
26.17.02 - Bands, wavy; Bars, wavy; Lines, wavy; Wavy line(s), band(s) or bar(s)
26.17.04 - Bands, vertical; Bars, vertical; Lines, vertical; Vertical line(s), band(s) or bar(s)
26.17.05 - Bands, horizontal; Bars, horizontal; Horizontal line(s), band(s) or bar(s); Lines, horizontal
26.17.06 - Bands, diagonal; Bars, diagonal; Diagonal line(s), band(s) or bar(s); Lines, diagonal
27.03.01 - Geometric figures forming letters, numerals or punctuation
29.07.03 - Blue (multiple colors used on packaging, labels or signs)
29.07.04 - Gray or silver (Multiple colors used on packaging, labels or signs)
29.07.08 - Yellow or gold (Multiple colors used on packaging, labels or signs)

Filing Date: 04/24/2009

Current Basis: 1A

Original Filing Basis: 1B

Owner: (REGISTRANT) Schering-Plough HealthCare Products, Inc. CORPORATION DELAWARE 3030 Jackson Avenue Memphis TENNESSEE 38151

Attorney of Record: Vanessa A. Ignacio, Esq.

Disclaimer: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "MASSAGING GEL", "WORK", AND "IDEAL FOR HARD WORKING FEET" APART FROM THE MARK AS SHOWN

Description of Mark: The color(s) blue, dark blue, yellow, black, white and grey is/are claimed as a feature of the mark. The mark consists of diagonal wavy bands of blue, grey, yellow, and grey starting from the top left to the bottom right; and contained on top of the wavy bands background, "Dr. Scholl's" in white stylized lettering outlined in grey with a yellow period in the form of a shaded square under the letter "r" in "Dr." in a completely dark blue shaded oval within a grey oval with a white starburst design on the bottom right of the grey oval; under which the term "massaging gel" and a wavy line in blue lettering and white background, under which the word "WORK" in black lettering and white background, under which the term "Ideal for Hard Working Feet" in white lettering on a black rectangle band, and to the right a black and grey concentric circle containing a grey clock face, under which to the left a black vertical line containing three black circles. The white background appearing at the top left, top right, and bottom right are not part of the mark.

Type of Mark: TRADEMARK

Register: PRINCIPAL

Live/Dead Indicator: LIVE

Prior Registrations: 0512484;1255028;1257297;AND OTHERS

SiteNo: 66193